The Supreme Court doesn’t take pains to make itself more understandable than any other federal court, and it often uses terms that average Americans might not understand. Although studies have shown that most judges hate legalese, the nation’s highest court continues to use many Latin or even English terms that are powerful but not well explained. Avoid being a Supreme Court rube (or n00b). Get the skinny on these five odd Supreme Court terms:...
The Fair Housing Act of 1968 prohibits refusing to sell, rent to, or even negotiate with any person because of that person’s race, color, religion, sex, familial status, handicap, or national origin. But do those protections against national origin discrimination extend to foreign citizenship? And does a mobile home park’s policy of requiring residents to prove they’re legal U.S. residents violate the Act? A recent lawsuit may answer those questions....
Childcare providers can kick kids out, especially in private care settings. The precise terms of your contract will dictate what, if any, legal remedies you may have if that happens. But before you contemplate lawsuits, let’s look at why children are dismissed from daycare typically and some things you can do to avoid this happening to you. Children’s Disruptive Behavior Like any service operation, a good daycare balances the needs of many customers, both kids and parents....
One of the most important contracts you can sign as a small business owner is your commercial lease. But what if you sign the lease and then your circumstances change? Or you need to clarify certain terms of the lease? The good news is that your lease terms may not be set in stone – there are ways to amend a commercial lease. It will just take a little work between you and your landlord to negotiate any new terms....
The Ninth Circuit Court of Appeals ruled last month that the Equal Employment Opportunity Commission (EEOC) can collect employee pedigree information that is relevant to investigations, reversing a lower court. The ruling stems from a labor agency investigation of a female worker fired for failing a strength test. While it sounds a little scary to hear that data is being collected about employees, in fact the ruling is limited. The EEOC wants the information in this case to determine whether the company discriminated against women workers who had children by having them undergo a strength test before they returned from maternity leave....
As homes and businesses along the flooded Red River in North Dakota and Minnesota start recovery efforts, special attention is being paid to health hazards and safety concerns that are common to flooded areas, and the importance of understanding homeowners insurance policy coverage when it comes to floods and other natural disasters. Unfortunately, cleanup may be particularly costly for some in the Red River flood zone because, as the Associated Press is reporting, less than 800 homes in the areas hit hardest by the flood have homeowners insurance policies that cover flood damage....
Right now your business is running smoothly. Everything is operating and workers seem happy and healthy. But a business, like a person, can experience sudden setbacks. Accidents and emergencies happen, so you have to ensure that you are following the law and that business assets are protected. Otherwise, a fluke occurrence could wipe out your empire. We get insurance to cover our homes and health and lives. Yet business owners don’t always apply that principle to their babies, the shop you’ve worked so hard to build....
Missing teen Tyler Madoff was hiking in Hawaii as part of a summer program when he was swept into the ocean by an enormous wave. The 15-year-old from New York and 5 other teens were part of an excursion that took a turn for the worst. The teens were resting at a tide pool 15 feet above sea level and far inland during a hike Wednesday according to CNN. Rogue waves swept in and took two of the teens out to sea and left the others clinging to the cliffs....
Once long ago you were married, and in your divorce a court ordered your now-ex-spouse to pay child support, which never happened. In fact, it has been years of you going it alone and never receiving what the other parent was legally obligated to contribute. What can you do? Child support is determined by state courts and the different states all have their own statutes of limitation on how long you can seek back child support....
The recent lawsuit filed by the Software Freedom Law Center (SFLC) over General Public License (GPL) compliance dealt with big names in the electronics industry, but does your small business know how to navigate General Public License GPL Open Source? At first glance, you may think that this can’t possibly apply to your business. But with more products involving on-board software, and more businesses making themselves available to customers online, there’s an increasing chance that your business, or perhaps a contractor it uses, might incorporate some GPL Open Source software into the products or services you offer....
Being the passenger in an automobile involved in an accident can be a helpless feeling, as you have no control or power to avoid the crash. But when it comes to recovering for your injuries in court, being the passenger in an automobile accident may allow you to recover damages more quickly than those who may have been behind the wheel, as you likely had no fault in causing your own injuries or the injuries of others....
Recent news coverage of a lawsuit from an accused high school teacher over an allegedly overzealous prosecutor highlights important questions about immunity for prosecutors and citizens’ rights of due process. According to Cincinnati.com, Ms. Nicole Howell was found not guilty in a case that charged her with having sex with a 16 year old student. Ms. Howell’s attorney Eric Deters has filed a lawsuit on Ms. Howell’s behalf that claims that the prosecutor of her case, Kenton Commonwealth’s Attorney Rob Sanders, improperly handled the case....
The JOBS Act may have authorized crowdfunding but it’s not legal just yet even though the law was passed back in April. Small businesses will have to wait for the SEC to set out rules for the process. Those rules are expected sometime early next year according to the parameters of the Act. Crowdfunding is an alternative capital-raising strategy where potential investors buy shares in a venture. It can be complicated and the North American Securities Administrators Association has issued an advisory about things to be wary of when considering crowd funding....
How much do you charge your customers? Be careful. Don’t make Whole Foods’ mistake and overcharge or you might run into legal trouble. Whole Foods is currently in damage control mode after it was investigated by several cities for pricing irregularities and overcharging customers. Now the company must pay $800,000 in fines and implement new pricing measures. In California, an investigation of Whole Foods found that the retailer “routinely” overcharged its customers....
When USA Today published leaked rankings of Department of Veterans Affairs medical centers, the VA hospital in Nashville was at the bottom of the list in quality of care. Now that hospital is at the center of a wrongful death suit after a 26-year-old veteran died from a treatable condition. Aaron Merritt was diagnosed with ulcerative colitis at the Nashville VA Medical Center in January 2014, and died less than ten months later after doctors failed to monitor his reaction to prescribed medication....
In just a few days, on July 24th 2009, the federal minimum wage rate will increase from $6.55 to $7.25. What is minimum wage? What does this mean for your small business? How does federal law correspond to state laws? Does your small business have to pay minimum wage to independent contractors and summer interns? This is a good time to get plugged in on the basics, welcome to Minimum Wage 101....
A Virginia woman has filed a $1 million lawsuit against the operators of a Maryland amusement park after one of the park’s rides allegedly left her son with a serious brain injury. In a lawsuit filed in federal court last month, Raffinee McNeill asserts her then-2-year-old son suffered a fractured skull in 2012 at Trimper’s Rides and Amusements, a historic amusement park in Ocean City, Maryland. McNeill claims her son has lingering health issues as a result of the accident, and has continued to incur significant medical expenses, reports The Baltimore Sun....
North Dakota’s new “heartbeat” abortion ban, signed into law today by Gov. Jack Dalrymple, is the most restrictive in the nation. But it will likely be challenged in court. The law prohibits all abortions as long as a fetal heartbeat can be detected, reports The Associated Press. This could potentially bar abortions anytime after the first six weeks of pregnancy, well within the first trimester. In addition, Gov. Dalrymple also signed into law another measure that makes North Dakota the first state to prohibit abortions based on genetic defects like Down syndrome....
Millions of people have relied on Uber to get where they need to go. But not everyone arrives at their destination safely. Reporting and analysis by CNN reveals that over 100 Uber drivers have been accused of sexual assault or abuse over the past four years. With criminal charges, civil suits, and even class action lawsuits pending, customers are wondering what changes are being made, and Uber is promising to be part of the solution....
Like any landmark case, the influence that Roe v. Wade has on abortion rights is huge. Abortion law’s development in the United States can easily be traced back to Roe. The case was decided in 1973. And, in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court upheld the major holdings of the case on this date in 1992. Together, Roe and Casey have defined abortion law in the United States....
